How Long Does a Medical Negligence Case Take?

Medical Negligence cases are usually very complex. It is a combination of two multidimensional subjects — law and medicine; as a result, they can take a long time to settle. In general, the claims process can last anywhere between 18 months and six years. However, your medical negligence lawyer will give you an idea of how long your case may take to resolve, depending on its unique nature.

The medical negligence claim process involves a number of steps, which usually have deadlines for responses. Let us briefly discuss the claims process and how long each stage takes.

• At the beginning of the claims process, our solicitors will apply to your health provider to obtain your medical records. According to disclosure rules, your health provider has 40 days to respond.
• Our solicitors will review your medical records and seek expert medical opinion to determine whether you received substandard medical care. This process can last 3–4 months per medical expert; more than one specialist may be required to prove liability.
• Following this assessment, our Medical Negligence Solicitors will send a Letter of Claim on your behalf to the relevant health authority. According to the Pre-Action Protocol for the Resolution of Clinical Disputes, they are expected to respond within four months. However, they may request for more time in order to prepare their defence.
• The defendant will either accept or deny liability. If they accept, we will begin negotiations for your financial settlement. Their first offer will likely be low and we will request a revision of the offer. If they deny liability (or the final offer is too low), we will issue court proceedings on your behalf. This stage involves a number of time-consuming steps, and a trial date will be set within two to three years of this time.
• If your case is successful, the defendant will be under obligation by the court to pay damages within a specific period of time, as well as the legal costs of pursuing the claim. The payment process usually takes 14–28 days.

What Do You Need to Do?

If you think you have been a victim of medical negligence, it is critical that you seek expert legal advice and support. This is why Medical Negligence Direct works with a panel of specialist medical negligence solicitors who help victims of negligence in their quest to pursue medical negligence compensation claims.

When you contact us, we will discuss details of your case and, if there are grounds for a claim, our medical negligence lawyers will offer to work with you on a No Win No Fee medical negligence basis. We will be happy to discuss with you and help you make the best decision as regards suing for medical negligence.

Best Misdiagnosis Claims Solicitors in Liverpool

When we are ill, we put faith in the knowledge and experience of our medical practitioners and trust that they will give us the best possible care. Unfortunately, this is not always the case and many patients have had their trust misplaced due to medical misdiagnosis.

With conditions such as cancer, heart attacks or meningitis, correct diagnosis and treatment is crucial to giving the patient a chance. Sadly, these are some of the commonly misdiagnosed conditions, as their symptoms can sometimes be hard to determine; but if you believe your diagnosis (or lack of) was due to negligence on the part of your healthcare professional, you may be entitled to a medical negligence claim. Whether your condition has been misdiagnosed, delayed or missed altogether, its impact can leave you wondering where to seek help.

Medical Negligence Direct has a strong track record when it comes to medical negligence claims and have helped many victims of misdiagnosis to seek justice and secure the compensation they deserve. A free, no obligation initial consultation with one of our friendly solicitors will quickly establish whether you have a valid claim for misdiagnosis and, if this is the case, we will fight for you with all our knowledge and experience to get the best possible outcome.

Do I Have a Claim?

You may have a claim for misdiagnosis if:

• Your treatment has been delayed due to a less serious concern
• You have received unnecessary surgery due to incorrect diagnosis
• You have suffered stress or trauma as a result of incorrect diagnosis
• Diagnosis has been missed altogether

Get in touch with us as soon as possible if your situation fits any of the categories above. Our specialist misdiagnosis claims solicitors will evaluate your claim and let you know whether there is a reasonable chance of success.

Who Can I Make a Misdiagnosis Claim Against?

In the UK, medical misdiagnosis claims can be made against a range of practitioners and medical institutions, including:

• A GP
• NHS
• Private healthcare facility

If you have been a victim of misdiagnosis while under NHS care, you can lodge a complaint against the NHS service. This complaint will be handled by the NHS Resolution, and will likely be settled out of court. With our team of expert medical negligence solicitors, we walk hold you by the hand through this process and do everything to ensure you have a great chance of success.

What Can I Claim for?

If, having assessed your case, we believe you have grounds for a claim, we will help you determine what can be included in your compensation. General damages — compensation for pain, suffering and loss of amenity — are the most common financial settlements. It is calculated by considering factors such as the nature of your injury, impact on your life, length of recovery, and the pain and suffering due to misdiagnosis.

You may also be able to claim for loss of earnings if you have been unable to work as a result of the injury, as well as any out of pocket expenses incurred as a result of the misdiagnosis you suffered. Our medical negligence solicitors will give you an estimate of what you can expect for your case.

Contact Us

At Medical Negligence Direct, we are passionate about helping victims of medical misdiagnosis seek justice and appropriate compensation. Based in Liverpool, we work with clients across the UK, and offer a free initial consultation and a No Win No Fee service if we believe you have grounds for a claim. Call us today on 0800 644 4240 or complete our online claims assessment form and one of our friendly solicitors will get back to you.

A Guide to Medical Negligence Compensation Claims by Medical Negligence Direct

The UK healthcare system is one of the finest and most respected in the world. However, mistakes can occur in almost any medical setting, including clinics and hospitals and, when things go wrong with healthcare, it can have very devastating and far reaching effects. It can severely affect the physical, financial and emotional state of the victim.

The good news is that you can make a claim for negligence if a healthcare professional has breached their care of duty by providing substandard care to a patient, which has caused injury. However, you must be able to determine whether or not medical negligence has occurred before making a claim.

WHEN HAS MEDICAL NEGLIGENCE OCCURRED?
Medical Negligence can be complex, so knowing if you have suffered negligent care can be hard sometimes. Did the doctor breach his/her duty of care or was it one of those inevitable things? Let us start by defining what medical negligence really is. Medical Negligence occurs when a healthcare professional fails to provide appropriate standard of care, causing illness or injury to the patient. This may mean causing injury or illness due to substandard care, or worsening a pre-existing medical condition.

Medical negligence can occur in several different forms, which can include, but not limited to:

1. Misdiagnosis:

This occurs when a healthcare provider diagnosis a particular condition, when the patient has a different one. Misdiagnosis could also occur when the medical professional fails to diagnose a patient’s condition, since this could delay the correct diagnosis and treatment of a patient. Contact to our Misdiagnosis Claims Solicitors for make a claims.

2. Incorrect Treatment:

Sometimes, misdiagnosis can cause a healthcare provider to administer a wrong drug, prescription or treatment. When incorrect treatment is administered, it not only fails to provide relief for the patient’s condition, but can worsen the illness or injury in some cases.

3. Prescription Error

A doctor or nurse can be responsible for the type, quantity, and mode of administration of a medication for his/her patient. If they make a mistake about the type of drug to be prescribed, dosage to be administered, or the mode of administration, the patient may be able to pursue claim for negligence. Prescription error could also occur if bad handwriting causes the patient harm. Luckily, band handwriting problems are increasingly rare as most healthcare providers now use computer systems.

4. Surgical Errors

Mistakes are sometimes made during a surgical procedure or operation. Surgery is meant to provide relief to any pain a patient is experiencing, but the opposite can happen sometimes, and mistakes can be made by a medical professional. These mistakes may either mean that the initial problem isn’t fixed or that the pre-existing condition has been worsened. Surgical Errors could include performing an operation on the wrong part of the body, damaging certain organs or forgetting surgical equipment inside the patient’s body.

WHAT NEXT?
If you believe you have been a victim of medical negligence and are considering pursuing a claim for compensation, then you should consider the following important elements that impact medical negligence.

1. Breach of Duty: Your medical negligence solicitors can help you determine whether your experience meets the criteria for negligent care. To achieve this, they must prove that you received substandard care, and that this care has directly resulted in or contributed to an injury, or worsened an existing injury.

2. Time Limits: Strict time limits apply when it comes to pursuing a medical negligence claim. Generally, claimants have three years from the date of the injury or the date of knowledge, to make a claim. Though this time limit usually begins from the date the negligent act occurred, it may sometimes be obvious at a much later time after the negligence.There are also exceptions to the three-year time limit. If the medical negligence affects a child under 18 or a mentally disabled patient, the time limit begins when the child turns 18 and when the patient recovers from the disability respectively. If this is a permanent disability, family members may help such one make a claim for compensation.

3. Compensation: A range of factors determine the amount of compensation you can be awarded. These factors can include the extent of illness or injury, the impact it has had on your life, the impact it would have on your future, and any expenses that you have incurred as a result of the illness or injury.